A 42-year-old woman complained about the services provided by a
private radiology facility and three radiologists. The woman went
to the radiology clinic for a routine mammogram as part of a Well
Woman check. The first radiologist identified "simple cysts" in her
right breast on the mammogram and asked her to return the following
day for an ultrasound scan. The scan and mammogram images were read
by two other radiologists, who supported the initial diagnosis and
asked the woman to return for follow-up six months later. The
follow-up mammogram was also double read. The radiologists
concluded that although the cyst had increased in size it was still
a simple cyst. Six months later the woman had a further mammogram
which showed a mass lesion in the central right breast. An
ultrasound guided biopsy was performed, the results of which
confirmed that the woman had invasive carcinoma of the breast. She
was immediately referred to a breast surgeon and had a radical
mastectomy.

It was held that the cancerous changes were not easy to find and
that it was not unreasonable for the radiologists to come to the
conclusions they did. With the benefit of hindsight, it would have
been prudent for the doctors to have aspirated the palpable cyst.
However, it is not clear that this would have conclusively
diagnosed the presence of cancer. Where doctors act reasonably and,
in so doing, miss a diagnosis, their actions are not legally
culpable. In these circumstances, the radiologists did not breach
the Code.